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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 2014, the Defendant made a false statement to the effect that “C” operated by the Defendant in Seo-gu Daejeon, Seo-gu, Daejeon, would lend KRW 10 million to the victim D and in addition, the Defendant would pay KRW 200,000 per month interest on KRW 100,000 per month to the number fraternity operated within the said KRW 100,000 per month when adding to the above KRW 100,000 per month. Moreover, until November 27, 2016, the Defendant would pay KRW 10,000 per month to the number fraternity operated within the said KRW 10,000 per month.”
However, in fact, the Defendant assumed a large amount of obligation from the lending company and the branch, and the Defendant was working for E who operated the victim’s fraternity at the time without any think of the direct payment of the victim’s fraternity, but there was no way to guarantee the payment of the fraternity from the above E. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the principal and interest.
Around June 25, 2014, the Defendant received from the victim the money of KRW 10 million from that time to the Defendant’s F Bank Account (G) account, and acquired it by defrauding the money of KRW 1,500,000,000 every 15 times until September 22, 2015.
2. Around May 12, 2015, the Defendant called the victim D on May 12, 2015, and made a false statement to the effect that “The Defendant was punished by a fine for a minor E, who is in the original state, was subject to the suspension of business. The Defendant must assist and operate the public policy system. The Defendant is in need of money. If the Defendant lent KRW 30 million to Ha in the first place, it would be repaid within this month.”
However, even if the defendant received KRW 30 million from the victim, he thought that some of them will be used for personal purposes such as living expenses, and was responsible for a large amount of debt as described in paragraph 1, and prepared a method of lending money to E to guarantee debt repayment.